VI. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS.
(Not to exceed a total of 20 minutes nor more than 5 minutes for any individual).

VII. CONSENT AGENDA

A. Public Requests for Consent Agenda Changes, Other Than Ordinances for Introduction

B. Assembly Requests for Consent Agenda Changes

C. Assembly Action

1. Ordinances for Introduction

a. Ordinance 2010-01Exhibit A An Ordinance Amending The Official Zoning Map Of The City And Borough Land Use Code To Change The Zoning Of U.S. Survey 752, Lot 2A, On Glacier Avenue, From D-18 To Light Commercial, And U.S. Survey 752, Lots 4, 5, 6, And 7 (A .574-Acre Portion of Evergreen Cemetery), from D-5 to Light Commercial.

This ordinance would rezone a section of Glacier Avenue including a part of Evergreen Avenue consistent with the Comprehensive Plan. The applicant is requesting rezoning of USS 752 Lot 2A (MRV Architects office) from D-18 to Light Commercial (LC). To accomplish the rezoning, a fraction of USS 655 (the portion of Evergreen Cemetery within 150 feet of Glacier Avenue) would also have to be rezoned from D-5 to Light Commercial. The rezoning of the cemetery property would have no effect on the continued use of the property as a cemetery. Cemeteries are permitted in LC zones.

The applicants are the owners of the office and apartment building at 1420 Glacier Avenue. The application is consistent with the Comprehensive Plan. If the office parcel is rezoned to LC, a portion of the building could be used for retail sales as well as office and residential uses.

The Planning Commission recommended approval of the requested rezoning at its January 12, 2010 meeting, with the condition that any future retail use must meet all code requirements, and will not be eligible to apply for any type of variance.

I recommend this ordinance be introduced and set for public hearing at the next regular meeting.

b. Ordinance 2010-02Exhibit A Exhibit BAn Ordinance Authorizing The Port Director To Negotiate And Execute A Lease To Alaska Glacier Seafoods Of A Portion Of Alaska Tidelands Survey No. 357, Located Near The Auke Bay Loading Facility, And To Accept Conveyance From Alaska Glacier Seafoods Of A Perpetual Easement Located Adjacent To The Lease Premises.

This ordinance would authorize the Port Director to (1) accept the conveyance of a perpetual easement from Alaska Glacier Seafoods (AGS), and (2) negotiate a lease to AGS for a portion of the CBJ uplands at the Auke Bay Loading Facility.

The easement will be located along the retaining wall owned by AGS at its Auke Bay seafood processing plant. As explained in the ordinance, CBJ placed fill along the retaining wall, with prior approval of AGS, as part of the construction of the uplands at the Auke Bay Loading Facility. This enabled CBJ to construct additional uplands and avoid the cost of constructing a retaining wall. The parties agreed to pursue conveyance of an easement for the fill placement and maintenance.

AGS also requested to lease a portion of the newly constructed uplands for future expansion of its fisheries operations. The ordinance would authorize the Port Director to lease to AGS approximately 8,698 square feet (0.2 acres) of the uplands belonging to CBJ at the Loading Facility and located adjacent to AGS’s existing seafood plant.

In lieu of CBJ making direct payment for the easement, the Docks and Harbors Board has negotiated an annual lease rent credit equivalent to the market value of the perpetual easement. The term of the annual rent credit is 25 years, after which a new annual market rent will be established in accordance with the CBJ Leasing Code. The market value of the easement and the market value of the lease were established by a certified appraiser. The transaction is a fair market value trade.

The Docks and Harbors Board approved the easement and lease at its November 5, 2009 meeting. The Assembly Lands Committee reviewed this ordinance at its January 11, 2010 meeting and recommended it be forwarded to the Assembly for introduction.

I recommend this ordinance be introduced and set for public hearing at the next regular meeting.

c. Ordinance 2010-03An Ordinance Adopting The Refuse Collection System Code To Provide For A System Of Mandatory Refuse Collection And Disposal, And Providing For A Penalty.

This ordinance would adopt a Refuse Collection System Code, which provides for mandatory refuse collection and disposal within the City and Borough of Juneau (CBJ).

Adoption of a mandatory collection policy for solid waste is one of the principle recommendations contained in the Solid Waste Management Strategy for the CBJ, adopted January 4, 2008. This strategy is designed to build on the strengths of the existing collection system by encouraging further development of the private collection and disposal systems and the recycling program.

The mandatory collection policy emphasizes the principle of equity and “fair sharing of costs” for operating a comprehensive solid waste system that has direct and indirect benefits for the entire community. It extends the current voluntary “subscription” rate collection base to provide full coverage throughout the CBJ and is consistent with the existing Waste Management fee used to fund recycling and household hazardous waste programs. This approach establishes the broadest possible rate base for distributing the capital and operating costs associated with solid waste collection, processing, and disposal, and yields a mechanism for controlling and minimizing the costs to the ratepayer over time in a fair and equitable manner.

The policy will eliminate any financial motivation for illegal roadside dumping of trash. It will also significantly increase the options, convenience, and accessibility of recycling opportunities for residences, businesses, and institutions, and thus likely to produce larger quantities of materials recovered for recycling than under the current programs.

This ordinance was discussed at the Assembly Committee of the Whole (COW) meeting on December 28, 2009. The recommendation of the COW was to move an ordinance forward to the Assembly for consideration.

I recommend this ordinance be introduced and set for public hearing at the next regular meeting.

d. Ordinance 2009-08(Y) Economic Impact StatementAn Ordinance Appropriating To The Manager The Sum Of $2,000,000 As Partial Funding For The Consolidated Public Works Facility, Statter Harbor Renovation, And The Juneau International Airport Terminal Capital Improvement Projects, Such Funds Provided By The Sales Tax Fund.

This ordinance will appropriate $2 million in sales tax revenues collected from the prior 1% temporary sales tax levy divided between the Consolidated Public Works Facility, Statter Harbor Renovation, and Juneau International Airport Terminal Capital Improvement Projects (CIPs). These projects were identified in the current 5-year 1% sales tax levy approved by the voters on October 2, 2007. Economic conditions have resulted in less sales tax revenue than anticipated when these projects were approved by the voters.

Resolution 2515 is a companion to this ordinance and de-appropriates funds previously appropriated to the Sustainability Fund and loaned to the Dimond Park Aquatic Center.

The Pubic Works and Facilities Committee approved this action at its December 28, 2009 meeting and recommended Assembly approval.

I recommend this ordinance be introduced and set for public hearing at the next regular meeting.

e. Ordinance 2009-08(Z)Economic Impact StatementAn Ordinance Appropriating To The Manager The Sum Of $1,752,000 As Partial Funding For North Douglas Sewer Expansion, Phase IV, Grant Funding Provided By The State of Alaska, Department of Environmental Conservation.

This ordinance would appropriate $1,752,000 for the North Douglas Sewer Capital Improvement Program (CIP) (U484-86), funding provided by an Alaska Department of Environmental Conservation Municipal Matching Grant.

This grant provides necessary funding for the continued expansion of CBJ’s wastewater collection infrastructure. The North Douglas Sewer CIP has recently completed two phases of construction and another phase is under contract for construction beginning in 2010.

The Public Works and Facilities Committee reviewed this action at its November 9, 2009 meeting and recommended Assembly approval.

I recommend this ordinance be introduced and set for public hearing at the next regular meeting.

f. Ordinance 2009-08(AA)Economic Impact StatementAn Ordinance Appropriating To The Manager The Sum Of $100,000 As Funding For The Lower Highland Drive Sewer And Water Repair, Partial Funding Provided By The Wastewater Utility Operating Budget

This ordinance would transfer $100,000 from the Wastewater Utility Operating Budget to a new project, Lower Highland Drive Water and Sewer Replacement Project (CIP 422-52).

Recently, the sewer main along lower Highland Drive, between Glacier Avenue and Behrends Avenue, was found to be deteriorated to the point of failure, in danger of collapse, and needing to be replaced. The water system along this segment of Highland Drive is also more than 50 years old and in need of replacement. The storm drainage system is about 20 years old and will be compromised with the replacement of the water and sewer systems. The curb, gutter, and sidewalks are in marginal shape and will be replaced as necessary during construction of a new water, sewer, and storm drain system. The total estimated cost for this project is $450,000.

This appropriation would provide the additional necessary funding to complete the water and sewer replacement on lower Highland Drive.

The Public Works and Facilities Committee reviewed this action at its January 11, 2010 meeting and recommended Assembly approval.

I recommend this ordinance be introduced and set for public hearing at the next regular meeting.

2. Resolutions

a. Resolution 2513A Resolution Authorizing The Manager To Submit To The State Of Alaska An Application For A Federal Grant To Prepare A Historic Structure Report Of The Office Building At The Treadwell Mine Complex.

The proposed Historic Structure Report for the Office Building at the Treadwell Mine Complex is a project to investigate and analyze the structural integrity of this historic building located on CBJ-owned property. The product will be a report that documents the current state of the building with recommendations for improvements that would be needed to accommodate future use of the building as a museum, interpretive center, or other public use as part of the overall long-range plan to preserve Treadwell mining history.

The project and grant will be managed by the Community Development Department. The work will be performed through the combined efforts of a structural engineering consultant (yet to be determined) and volunteers of the Treadwell Historic Preservation and Restoration Society. The Historic Resources Advisory Committee will review the draft and final reports. The total project cost is estimated to be $35,300, fifty percent of which will be funded from a federal Historic Preservation Fund grant administered by the Alaska Office of History and Archaeology. The remaining fifty percent of the project budget will be funded by cash, in-kind services of CDD staff through its operating budget, and volunteers of the Treadwell Historic Preservation and Restoration Society.

The Historic Resources Advisory Committee reviewed this action at its January 6, 2010 meeting and recommended Assembly approval. The Treadwell Historic Preservation and Restoration Society approved this action at its January 12, 2010 meeting.

The application is due February 12, 2010.

I recommend this resolution be adopted.

b. Resolution 2514A Resolution Authorizing The Manager To Submit To The National Trust For Historic Preservation An Application For A Grant To Prepare A Historic Structure Report Of The Office Building At The Treadwell Mine Complex.

The National Trust for Historic Preservation is a private non-profit organization that has matching grant funds for historic preservation projects available to local governments and non-profit organizations. Like the State grant application authorized in Resolution 2513, this grant would be used for the project to prepare a Historic Structure Report of the Office Building at the Treadwell Mine Complex. The National Trust grant would provide $5,000 for the project and require a $5,000 match from the CBJ for a total of $10,000. These funds, in turn, would be used to provide the matching funds for the grant authorized by Resolution 2513, if adopted.

The Historic Resources Advisory Committee reviewed this action at its January 6, 2010 meeting and recommended Assembly approval. The Treadwell Historic Preservation and Restoration Society approved this action at its January 12, 2010 meeting.

This application is due February 1, 2010.

I recommend this resolution be adopted.

c. Resolution 2515A Resolution De-Appropriating $2,000,000 From The Downtown Transportation Center Project To The Sustainability Fund, And De-Appropriating $2,000,000 From The Sustainability Fund To The Sales Tax Fund.

This resolution would de-appropriate $2 million in 1% temporary sales tax funds, currently in the Downtown Transportation Center Capital Improvement Project, back to the Sustainability Fund. It then de-appropriates $2 million from the Sustainability Fund into the Sales Tax Fund.

Two million dollars was originally appropriated from the Sales Tax Fund to the Sustainability Fund by Ordinance 2008-15(AT). Ordinance 2009-03 authorized a loan of the funds to the Dimond Park Aquatic Center Capital Improvement Project (CIP). It was later determined that the funds were not needed for the Aquatic Center CIP, but that there was a temporary need for the Downtown Transportation Center CIP to cover a timing gap in grant funding for that project. The funds are no longer needed for the Downtown Transportation Center project.

I recommend this resolution be adopted.

3. Transfers

a. Transfer T-904 Budget Impact Transferring $350,000 From Two Capital Improvement Projects (CIP); Pump Station And Water System CIP ($100,000) and Casey Shattuck Phase II CIP ($250,000) To Create A New Project, Lower Highland Drive Water And Sewer Replacement CIP.

This transfer would allow for immediate design to expedite the project and provide partial funding to complete the replacement of the water and sewer systems on lower Highland Drive. An additional $100,000 needed to fully fund the project will be appropriated from the Wastewater Utility Operating Budget.

The Public Works and Facilities Committee reviewed this action at its January 11, 2010 meeting and recommended Assembly approval.

The above-listed liquor license renewals are before the Assembly to either protest or waive its right to protest these actions. The Finance, Police, Fire, and Community Development Departments have reviewed the above businesses for compliance with CBJ Code.

The Human Resources Committee met earlier this evening, Monday, January 25, 2010, and will report on its action. Enclosed in your Human Resources Committee packets are full sets of the relevant documents pertaining to these actions. In the event the Assembly does protest one or more of the above-mentioned liquor licenses, CBJ Code 20.25.025(c) provides the licensee an opportunity to exercise their right to an informal hearing before the Assembly.

I recommend the Assembly adopt the Human Resources Committee's recommendations for action from tonight’s meeting.

Note: Agenda packets are available for review online at www.juneau.org.

ADA accommodations available upon request: Please contact the Clerk’s office 72 hours prior to any meeting so arrangements can be made to have a sign language interpreter present or an audiotape containing the Assembly’s agenda made available. The Clerk’s office telephone number is 586-5278, TDD 586-5351, e-mail: city_clerk@ci.juneau.ak.us